Section 6020.708 - Allocation(a) Mediation.--Whenever the department believes that more than one person may be responsible under section 701 for a release or threatened release, the department shall prepare a nonbinding preliminary allocation of proportionate responsibility among all known responsible persons. The department shall give written notice of such preliminary allocation to all known responsible persons and shall invite such persons to participate in a dispute resolution procedure selected by the department which may include mediation, arbitration, or similar procedures to determine each person's proportionate share of the response costs and the appropriate response action to be taken. Within 120 days of the notice, the department and participating persons shall reach an agreement, which may include less than all issues and shall include a schedule of payment for the proportionate share contained in the agreement. If no agreement has been reached within 120 days, the dispute resolution process shall terminate unless extended by mutual agreement of the department and the participating persons. The department's nonbinding allocation shall not be deemed to be a final action subject to review under 2 Pa.C.S. (relating to administrative law and procedure) or theact of July 13, 1988 (P.L. 530, No. 94) , known as the Environmental Hearing Board Act, nor shall it confer a right or duty upon the department or any person.(b) Moratorium.--During the mediation process as provided for in this section, the department shall not commence an action to recover response costs from any participating person, nor issue an enforcement order requiring a participating person to undertake response actions, nor commence any response actions at the site, other than an interim or emergency response. Nothing in this section shall be construed to limit the department's authority to conduct investigations or to undertake any actions authorized by this act against parties not participating in the mediation process. For the purpose of this subsection, "investigations" shall include those activities necessary to gather information and data to characterize the site, define the types and extent of contamination and evaluate alternatives for cleanup prior to the selection of a remediation option.(c) Effect of dispute resolution.--Any agreement reached under the dispute resolution procedures provided in subsection (a) shall become a legally binding agreement upon all parties thereto. If some or all participating parties fail to reach agreement with the department, neither the department's nonbinding preliminary allocation nor any proposed agreement, nor the fact of any person's participating in dispute resolution shall be construed as an admission of fact or law nor be admissible in any administrative or judicial proceeding. The failure to agree shall not affect the rights of any person to pursue other administrative or judicial actions, including an action to recover contribution from any other person.(d) Limit on contribution.--A person who has reached a settlement with the department pursuant to this section shall not be subject to claims for contribution regarding matters addressed in the settlement. 1988 , Oct. 18, P.L. 756, No. 108, § 708, effective in 60 days.